Barrow / Lyon Employment Law

1. Auflage 2017
ISBN: 978-1-317-49928-2
Verlag: CRC Press
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 520 Seiten

The Modern Law of Employment offers a wide-ranging, accurate, authoritative, contemporary and readable guide to modern employment law for students of the subject whatever their course. Although primarily focused on the undergraduate LLB market this text, with its user friendly design, will still be relevant to, amongst others, business and human resources students who are taking an employment law module as part of an undergraduate or postgraduate degree or diploma.

This book provides a scholarly and thorough treatment of employment law principles. An essential element of the text will be student accessibility – by utilising a clear writing style that provides a logical and appropriate progression of ideas and legal principles understandable to the average undergraduate whilst remaining challenging to the more able student. Unlike many other textbooks it will adopt a critical and contextual emphasis - thereby promoting a greater understanding of the subject. It will also include educational features to assist comprehension – such as a summary of the content and principles examined in each chapter and questions provided at certain appropriate times throughout a chapter to encourage thoughtful reflection. An extensive bibliography will be provided at the end of each chapter and reference to relevant websites - enabling readers to access primary sources of law.

Modern Employment Law will cover all aspects relating to the employment relationship between employer and employee at the individual level and at the collective level. Although the book will address core areas common to the usual undergraduate syllabus it will also examine issues sometimes neglected by traditional mainstream textbooks – such as, at the individual level - the rules and issues surrounding the Transfer of Undertakings legislation, the Minimum Wage and Working Time provisions. Additionally, far more emphasis will be given, than is usually the case, to collective issues. Thus, rather than treating this topic as an afterthought, with one or two superficial chapters this text will include three substantial chapters dealing with internal union and union-employer relations in some detail.

This textbook will reflect the changing nature of employment law and, in particular, will provide the context for these developments, as political and social developments drive change at the domestic and European level. Apart from consistent reference to domestic case law authority and statute European legal jurisprudence will also be examined ensuring that all the relevant influences on the development of employment law are considered.

Autoren/Hrsg.

Barrow, Charles

Lyon, Ann

Fachgebiete

• Wirtschaftswissenschaften Betriebswirtschaft Bereichsspezifisches Management Personalwesen, Human Resource Management
• Rechtswissenschaften Arbeitsrecht Antidiskriminierung (AGG), Gleichbehandlung

Inhaltsverzeichnis

Chapter 1

Introduction to employment law;

The historical development of employment law;

Employment law and the courts;

Employment law institutions;

Employment law and the European dimension.

Chapter 2

Identifying employment status – who is an employee and why it matters;

The tests of employee/self employed status;

The relevance and application of the tests to "marginal workers";

The definition of "worker" and its relevance.

Chapter 3 (sample Chapter attached)

Formation and content of the contract of employment - express terms and proof of agreement; the legal role of the statutory statement;

Incorporation of terms through company handbooks and collective agreements;

Variation and change of the contract.

Chapter 4

Implied terms of a contract of employment - by statute, custom and practice and common law;

Implied terms of fact and the appropriate tests for filling a gap in the contract;

Implied terms of law and the duties and responsibilities of employer and employee.

Chapter 5

Termination of Employment;

Termination not involving dismissal – mutual agreement, the doctrine of frustration (illness, imprisonment);

Termination by dismissal – the contractual and statutory definitions – lapse of a fixed term contract, the Fixed Term Workers Directive, constructive dismissal and repudiatory breach.

Chapter 6

Wrongful dismissal – summary dismissal and notice provisions; repudiatory breach and wrongful dismissal; dismissal before the expiry of a fixed term contract;

Remedies – action for damages and heads of loss, damages and payment in lieu, injunction to restrain a wrongful dismissal.

Chapter 7

Unfair dismissal;

The legislative framework and codes of practice;

The tests for unfair dismissal – eligibility, the five reasons (conduct, capability or qualifications, contravention of a statutory duty, some other substantial reason, redundancy);

The fairness of a dismissal – the statutory definition and the substantive merits of the case exemplified by Iceland Frozen Foods etc.;

The application of the substantive merits test in the context of the five reasons;

Procedural fairness, the ACAS code, natural justice and the statutory procedure;

Remedies;

The right not to be automatically unfairly dismissed – dismissal for asserting a statutory right, for health and safety reasons, dismissal for a reason connected to pregnancy, dismissal on a transfer of an undertaking, dismissal relating to union membership or activities.

Chapter 8

Transfer of Undertakings – the meaning of "a transfer" and the process of transfer;

The effect on employment rights;

Consultation issues.

Chapter 9

Redundancy – preconditions and eligibility;

The definition (total cessation of employers business or cessation of business at place of employment);

Examination of the issues – "reduction in requirements of the business" and "work of a particular kind";

Dismissal and offer of renewal/re-engagement, offer from associated company;

Offer of new employment and the trial period;

Disqualification from redundancy payments;

Unfair redundancy dismissal and the procedural issues;

Redundancy payments and remedies;

Reference to consultation issues.









Chapter 10

Statutory rights in employment – itemised pay statement, deductions from pay and guarantee payments;

Time off work and short term working;

The minimum wage;

Working time rules;

The Public Interest Disclosure Act.

Chapter 11

Sex and Race Discrimination – introduction and historical overview;

Direct discrimination and the definition;

The scope of discrimination;

Indirect discrimination and the definition, issues of proof etc.;

Types of discrimination;

Permitted discrimination;

Discrimination and Vicarious liability;

Procedure and Proof;

Remedies;

Discrimination and European Community Law – Equal Treatment Directive.

Chapter 12

Disability discrimination – the meaning of disability, types of discrimination, the duty to make reasonable adjustments, remedies and enforcement;

Discrimination and Sexual Orientation;

Discrimination and religion and belief;

Age discrimination;

Discrimination against part time and fixed term workers.

Chapter 13

Equal Pay and family rights – the equality clause, like work and work rated as equivalent;

Equal value claims;

Maternity leave and the right to return to work, flexible working;

Paternity leave.

Chapter 14

Trade Unions – the historical context;

The regulation of trade union internal affairs – government and administration, members rights and the rule book, admission, discipline and expulsion, union elections and political activities.

Chapter 15

Freedom of Association and Collective Bargaining – individual rights for trade union members and officials;

Paid and unpaid time off, protection against dismissal and participation in trade union activities, action short of dismissal;

Collective rights – recognition, right to information and consultation, the right to associate in trade unions.

Chapter 16

Industrial Conflict;

Industrial action and the individual worker (common law implications, unfair dismissal and industrial action);

The civil liabilities – the economic torts;

The trade union immunities (golden formula, the loss of immunity, the requirement of a ballot, secondary action, unlawful picketing, action to enforce union recognition, membership or closed shop;

Union liability for industrial action – vicarious liability and remedies;

The conduct of industrial action – criminal and civil liability for picketing.

Über Autor(innen)

Charles Barrow BSc (Econ), LLM (LSE), Cert Ed, Barrister-at-Law. He is Senior Lecturer at Brighton Business School.

Ann Lyon BA(Hons) History, MA Medieval Studies, York, MPhil Archaeology, Durham. She is Senior Lecturer at the School of Law, Criminology and Government (Faculty of Business), University of Plymouth.